Injury Litigation

Injury litigation is the legal procedure that allows you to seek compensation for your injuries and injury losses. Your injury lawyer will develop strong evidence in your case that includes eyewitness testimony, defendant statements and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. After the defendant has responded to the lawsuit, the case will move into the phase of fact-finding known as discovery.

The Complaint

Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves looking over police accident reports, making informal discovery and identifying potential liable parties.

After the plaintiff has completed this, they are able to start a summons as well as a complaint. The complaint details the damage caused by the defendant or his actions. It typically includes a request for compensation for the victim's medical bills and lost income, as well as suffering and other damages arising from their injuries.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant has the option to accept or deny the allegations made in the complaint. They can also add third party defendants or make counterclaims.

During the discovery phase during the discovery phase, both parties will share pertinent information about their positions and evidence. This phase includes depositions (also called interrogatories) as well as written questions (also known as interrogatories) as well as requests for documents. This is usually the majority of the timeframe for an action. If settlement opportunities are available these will occur during this time. The case will then go to trial if there is no settlement. During this period the attorney will explain your perspective to a judge or jury and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal procedure that permits you and your legal team to share information with the other party and collect evidence. It could include witness statements, details about your medical treatment and injury proof of the losses that you have suffered. Your attorney can utilize a variety of tools to aid you in discovery, including interrogatories and requests for documents. Requests for documents are requests to provide all relevant documents that is under each party's control. Interrogatories require written responses. Requests for admission are letters to the other side asking for their admission to certain facts. This can save time and money since attorneys do not need to prove their claims at trial. Depositions are recorded interviews with witnesses in which your attorney can ask them questions about the incident under oath. They will have their answers recorded and transcribing by a court reporter.

Although it may seem like a lengthy, intrusive and uncomfortable process but it's a crucial step to gather the evidence necessary to win your case. During your consultation for free, your attorney can discuss the specifics of the discovery process. If you attempt to conceal an injury that is preexisting and has gotten worse due to a medical condition that was already present This information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

Reaching a negotiated settlement is the primary goal in most injury cases. This usually involves an exchange of back-and between your lawyer and that of the insurer of the responsible party. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help you determine the best number to ask for your settlement and assist in negotiations.

The amount of damages, such as medical bills, lost wages and future losses, is a variable that is always changing. Your injuries could get worse over time, which can increase your future losses, and reduce the amount of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries and a complete outlook for future recovery.

Most often insurance companies attempt to limit their payouts for claims by challenging certain aspects of your case. This can lead to delays in settlement negotiations. However, your lawyer can provide strategies to help you overcome these obstacles to get the best possible outcome for your case. In some instances the process of negotiating an agreement can take months or even years. Numerous factors influence how long settlement negotiations last, but understanding what to expect can make the process less stressful and more efficient for you.

The Trial Phase

Most injury cases are resolved outside of court through settlement negotiations. However, if an agreement is not reached the lawyer could decide to proceed to trial. It is a costly lengthy, time-consuming and stressful procedure. The jury must also decide if you are paid for your injuries and If so, what amount. It is therefore important for your lawyer to thoroughly investigate your case prior to the trial to fully comprehend the extent of your injuries and the severity of your injuries, the damages and costs.

At this stage, your attorney will call witnesses as well as experts to testify and provide evidence physical such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify as a defense and argue that the plaintiff should not be entitled to damages. The jury or judge will then look at the evidence and arguments made by both parties.

The judge will then discuss the legal requirements which must be followed for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is called jury instruction. Each side then gives its closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare the trial a mistrial. In rare instances, an appeal may be available in the event that you are not satisfied with the outcome of your trial.